Tuesday, January 30, 2018

Florida police seek protection of 'Stand your Ground'

Florida’s Stand Your Ground law was meant to make sure that
average residents could defend themselves without fear of arrest or trial.

Now, police officers accused of using excessive force are
trying to claim the law’s protection, reported the New York Times.

The law has a contentious history and was opposed by
prosecutors as soon as it was passed in 2005. It eliminates a person’s duty to
retreat from a dangerous situation and frees them to use deadly force “if he or
she reasonably believes it is necessary” to prevent harm or death. It shields
people from both criminal trials and civil lawsuits.

Last week, lawyers notified the court that Nouman K. Raja, a
former Palm Beach Gardens police officer, intended to seek Stand Your Ground
protection in the 2015
killing of Corey Jones, a 31-year-old musician and housing inspector.
Mr. Jones was waiting on the side of the road in a broken-down car when Mr.
Raja, in plain clothes and an unmarked vehicle, approached him in the middle of
the night without identifying himself.

Mr. Jones had a new gun which he bought because he
frequently carried cash on his way home from gigs. The officer claimed Mr.
Jones pointed it at him, but prosecutors say Mr. Raja fired at Mr. Jones six
times even as he fled, hitting him three times.

The encounter was recorded by the roadside assistance
service Mr. Jones had called for help.

Mr. Raja, a rookie in the department, was fired. His Stand
Your Ground hearing has been scheduled for March, when prosecutors must present
a mini-trial before the judge, who will decide whether to dismiss the charges.

The hearing gives defendants a chance to beat the charges
before trial. Prosecutors have argued that officers already have immunity for
lawful shootings under a different law that specifically addresses law
enforcement.

In a court motion, the Florida attorney general’s office
said police officers should not be allowed to get protection from both laws.
Victims’ families have also objected.

“I think it’s very sad that police officers are taking
advantage of that law, especially when they are in the wrong,” said Mr. Jones’s
father, Clinton Jones Sr. “I think it’s a disgrace to the police department.”

Benjamin L. Crump, the family’s lawyer, said the case “risks
a terrible precedent.”

“To extend it to police officers on the street gives them a
license to kill just by saying they felt fear — no standards, no objective
check and balance,” Mr. Crump said.

Mr. Raja’s lawyer, Richard Lubin, declined to comment while
the case is pending.

He was not the first to try the defense. A judge granted the
Stand Your Ground claim of Mr. Schwartzreich’s client, Broward Sheriff’s Deputy
Peter Peraza, in the 2013 killing of Jermaine McBean. Mr. McBean, 33, was
walking down the street, wearing earbuds and with an air rifle propped on his
shoulders, when Mr. Peraza ordered him from behind to drop it.

The officer claimed that Mr. McBean pointed the air rifle at
him, although witnesses disputed his account. After a hearing, a judge ruled in
Mr. Peraza’s favor and dismissed the case.

The Fourth District Court of Appeal upheld the ruling, but
because the decision was in direct conflict with another appeals court ruling,
the case is headed to the Florida Supreme Court.

In 2012, the Second District Court of Appeal rejected an
officer’s use of the law to avoid trial for stomping on a 63-year-old man. Juan
Caamano, a former police officer in Haines City, south of Orlando, instead went
to trial and was acquitted.

Last summer, two Miami police officers successfully invoked
Stand Your Ground immunity when they were sued for damages in the beating of a
man in a wheelchair.

Even Mr. Caamano’s lawyer said police officers should not be
allowed to invoke Stand Your Ground.

Local judges often have ties to law enforcement or are
reluctant to rule against police officers for political reasons, the lawyer,
Lawrence H. Collins, said.

“What it does in the case of police officers is it puts a
decision of whether an action was justified in the hands of a judge rather than
a jury,” he said. “The law needs to be changed. You don’t want that decision in
the hands of a judge.”

About Matt

An analysis of crime and punishment from the perspective of a former prosecutor and current criminal justice practitioner.
The views expressed on this blog are solely those of the author and do not reflect the opinions or postions of any county, state or federal agency.